Start a company
Saai Murugan
(Querist) 02 February 2009
This query is : Resolved
What are the necessary steps should be taken when starting a company
Company Type : Web Based (Services Oriented)
Please Advice!!
Manish Singh
(Expert) 02 February 2009
I have uploaded the procedure to incorporate a company in India under Share files section as well as articles section. please find the same therein.
he only thing you need to keep in your mind to include IT services as the principal business in the MoA but still its all up to your descretion. you can include any other business activity/ ies in the MoA at the time of preparing it or even later.
sanjeev murthy desai
(Expert) 02 February 2009
Detailed below are the steps to incorporate a private limited company in India:
1. Select, in order of preference, a few suitable names, not less than four,
each of which should indicate as far as possible the main object of the
proposed company.
2. Out of the four proposed names, one name will be the main name, and
other three are to be mentioned in order of preference.
3. Avoid names, which resemble too closely or are the same, as the names
of any other company already registered, and avoid names with the
words “Stock Exchange” as part of the names.
4. Apply to the Registrar of Companies to ascertain which of the names
selected by you is available.
5. An application in Form No. 1A is to be submitted to the Registrar of
Companies in this regard, and a fee of Rs. ..........(amount) is payable
with each application1.
6. See that one of the promoters is also a subscriber to the memorandum
and articles of association of the proposed Company.
7. Pay the fee for the application for availability of name (Form 1A) in cash
to the Registrar of Companies.
8. The Registrar of Companies will ordinarily inform you within a period of
seven to fourteen days from the submission of your application, whether
any of the names applied for is available.
9. If, none of the names is available, you will have to apply again, selecting
fresh names, along with required application fee.
10. Get the memorandum and articles of association suitable for a private
limited company drafted.
11. Get both the memorandum and articles of association stamped as per
the Indian Stamp Act, or the relevant State Act and the notifications
thereunder in force in your State.
12. Get both the memorandum and articles of association signed by at least
two subscribers, each of whom will also write in his own hand, his
father’s name, occupation, address and the number of shares subscribed
for.
13. There will be at least one witness to these signatures, as mentioned
above who will sign and write in his own hand, his father’s name,
occupation and address.
14. Their agents duly authorised by power of attorney may sign the aforesaid
two documents on behalf of the subscribers.
15. Both the documents will then be dated.
16. See that the date given on these documents is any date after the date
of stamping of them and not before that date.
17. Get the following forms duly filled up and signed:
1. The formal application should be done at the same time, as the memorandum and
articles of association.
Company Law: Forms and Precedents 43
(i) Declaration of compliance in Form No.1 by an advocate of the
Supreme Court or of a High Court, an attorney or a pleader entitled
to appear before a High Court or a Secretary or a Chartered
Accountant in whole-time practice in India who is engaged in the
formation of company, or by a person named in the articles as a
director, manager or secretary of the company that all the
requirements of the Companies Act, 1956 and the rules thereunder
have been complied with in respect of registration and matters
precedent and incidental thereto.
(ii) Notice of the situation of the registered office of the company in
Form No.18.
(iii) Particulars of directors, manager or secretary in Form No. 32 in
duplicate.
(iv) Declaration in favour of one of the subscribers to the Memorandum
of Association or any other person authorising him to file the
documents and papers for registration and to make necessary
corrections, if any. This should be executed on non-judicial stamp
paper of the requisite value.
(Forms stated in sub-items (ii) and (iii), though required to be filed within
30 days of the incorporation of the company, are generally filed together
with the memorandum and articles of association.)
18. File the following with the Registrar of Companies within six months from
the date of availability of name with necessary registration and filing
fees. Minimum registration fee is Rs. ...............(amo
M. PIRAVI PERUMAL
(Expert) 04 February 2009
Mr. Sajeev Desai excellent step-by-step narration for incorporation of a Company.Hats off to you sir.
